The Office of General Counsel issued the following informal opinion on
November 26, 2001, representing the position of the New York State Insurance Department.

Re: Certificates of Insurance - backdating

Questions Presented:

Are there any statutes or regulations that govern the issuance of
certificates of insurance for commercial general liability policies?

Are there any statutes or regulations requiring an insurer or agent to
complete such certificates with accurate information?

May an insurer or agent issue a "back-dated" certificate of
insurance?

Conclusions:

Properly prepared certificates of insurance are documents used in
business and are not required or regulated by statute or regulation.

Any certificate of insurance that "amends, expands or otherwise
alters the terms of the applicable insurance policy constitutes a policy form, which must
be filed with the Superintendent of Insurance in accordance with Section 2307(b) of the
Insurance Law." (Circular Letters No. 8 (1995) and No. 15 (1997)).

No. There could be an issue of fraud or untrustworthiness concerning
this misrepresentation of date.

Facts:

None presented.

Analysis:

A certificate of insurance is merely a document used in business to
summarize information about insurance coverage but it is not a contract and is not
required by statute or regulation. However, the certificate of insurance must contain the
same information, whether delivered to the insured or on behalf of the insured to the
certificate holder. It is not intended to confer to a certificate holder new or additional
rights beyond what the insurance policy provides.

Any material provision in the certificate of insurance that is not
contained in the policy imposes an obligation or liability not presently existing upon an
insurer. Such difference would alter, expand or modify the rights between an insured or
additional insured and the insurer and would constitute a policy form which must be filed
with the Superintendent pursuant to N. Y. Ins. Law § 2307(b) (McKinney 2000). (See
aforementioned Circular Letters). Licensed producers may not add terms or clauses to a
certificate of insurance which alter, expand or otherwise modify the terms of the actual
policy unless authorized by the insurer which has filed an appropriate endorsement with
the Superintendent of Insurance, and obtained prior approval, if required.

For further information you may contact Associate Attorney Jeffrey A.
Stonehill at the New York City Office.